Wednesday, Aug 10, 2022

SC Says Linking Aadhaar To Bank Accounts, Mobile Phones Not Compulsory

The Supreme Court made these points while declaring the Centre's flagship scheme as Constitutionally valid.

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The Supreme Court on Wednesday upheld the validity of Aadhaar in a landmark judgement.

Below is the break-up of services for which Aadhaar linking is mandatory, and where it is not, after the Supreme Court judgement.

Mandatory linkage:

The Supreme Court upheld the Section 139AA of Income Tax Act mandating linkage with PAN. The court allowed linking of Aadhaar with PAN card for filing Income Tax returns.

It is mandatory quoting of Aadhaar / Enrolment ID of Aadhaar application form, for filing of return of income and for making an application for allotment of Permanent Account Number, the apex court held.

Linkage not mandatory:

Holding that school admissions are not a benefit under Section 7, the SC held that Aadhaar cannot be mandated for the same. 

The Supreme Court also held that for openinga a bank account, Aadhaar cannot be mandatory.

The top court, also said it is not mandatory to link bank accounts with the 12-digit Unique Identification Number.

The Supreme Court held that CBSE, NEET UGC, cannot mandate Aadhaar, giving major relief to students. 

For linking mobile connections with Aadhaar, the apex court held that it is not mandatory, saying the Department of Telecommunication notification to that effect is unconstitutional

Telecom service providers also cannot seek linking of Aadhaar, the court said.

The verdict was announced by a five-judge Constitution bench comprising Chief Justice Dipak Misra, Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan.

The verdict was pronounced on a batch of pleas challenging the constitutional validity of Aadhaar scheme and its enabling 2016 law.

The bench had on May 10 reserved the verdict on the matter after a marathon hearing that went on for 38 days, spanning four-and-half months.